In a significant victory for free speech on college campuses, the University of New Mexico (UNM) has been dealt a legal blow after attempting to impose a substantial security fee on an event featuring conservative speaker and women's sports activist Riley Gaines. The federal court's decision has been hailed as a 'major win' in the battle to protect the First Amendment rights of college students.
The controversy began when UNM demanded over $5,000 in security fees from the student chapter of Turning Point USA (TPUSA) for hosting Gaines, a former NCAA Division I swimmer and outspoken critic of transgender athletes participating in women's sports. Gaines' presence on college campuses has previously drawn protests and criticism, prompting UNM to cite potential security concerns as the reason for the hefty fee.
Legal Challenge and Preliminary Injunction
The Southern Legal Foundation (SLF) filed a federal lawsuit against UNM officials in February, arguing that the university engaged in viewpoint and content discrimination by requiring conservative groups to pay security fees based on the officials' subjective assessment of the crowd's potential reaction. The lawsuit sought to prevent UNM from imposing such fees, which SLF argued were unconstitutional.
On Friday, a federal court judge issued a preliminary injunction against UNM, prohibiting the university from collecting the security fees from TPUSA until the case is resolved. This ruling is seen as a crucial step towards making the injunction permanent and ensuring that UNM cannot penalize TPUSA for not paying the fee while the case is being litigated.
Implications and Reactions
SLF Executive Director Kimberly Hermann praised the court's decision, stating that it is a significant victory in protecting the First Amendment rights of college students. Hermann emphasized that UNM's policy on security fees is 'so vague that the university can impose whatever fees it wants for any event,' and that their lawsuit aims to prevent such arbitrary actions.
Gaines, who is also the director of the Riley Gaines Center at the Leadership Institute and hosts an Outkick podcast called 'Gaines For Girls,' expressed her concerns about the silencing of conservative voices on campus. She noted that conservative students often face excessive fees or other bureaucratic hurdles that make it difficult for them to express their views.
UNM officials have stated their commitment to the First Amendment and free speech on campus, while also emphasizing their responsibility to ensure the safety of students, faculty, staff, and visitors. The university has indicated that it will comply with the court's order, which is limited to speech events.
Broader Impact
The ruling has significant implications for the broader landscape of free speech on college campuses. It highlights the ongoing struggle between universities' efforts to maintain safety and the need to protect the rights of students to express diverse viewpoints. This case is particularly noteworthy because TPUSA is the only conservative student organization remaining at UNM, having been the only group not driven off campus by such policies.
The issue of security fees as a means of suppressing certain viewpoints is not unique to UNM. It reflects a broader trend where universities use subjective assessments to impose financial burdens on events featuring controversial speakers. This practice has been criticized for being a form of viewpoint discrimination, which undermines the principles of free speech and open dialogue.
As the case continues, it is clear that the outcome will have far-reaching consequences for how universities manage security fees and ensure the free expression of ideas on campus.
